Legality Of Using A Recorder (Dictaphone) while driving

Submitted: Thursday, May 05, 2005 at 22:54
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We all know it is illegal in NSW to use a mobile phone while driving. Does anyone knowif it is also illegal to be talking into a dictaphone>
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Reply By: Mad Dog (Australia) - Friday, May 06, 2005 at 00:29

Friday, May 06, 2005 at 00:29
The Australian road rules do not expressly forbid this as they don't eating an icecream, having a smoke and picking your nose but if I was a copper and you were weaving all over the road while using this device I'd find something to book you for.
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Reply By: Nudenut - Friday, May 06, 2005 at 07:45

Friday, May 06, 2005 at 07:45
my understanding is that two way radio's are not illegal (SA at least)...so i guess dictaphones would not be either....
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Reply By: old-plodder - Friday, May 06, 2005 at 07:48

Friday, May 06, 2005 at 07:48
Suppose it comes down to driving with "due care and attention".
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Reply By: Lone Wolf - Friday, May 06, 2005 at 07:57

Friday, May 06, 2005 at 07:57
I never use my dick to phone........ I use my finger.........
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Follow Up By: Matt (W.A.) - Friday, May 06, 2005 at 08:41

Friday, May 06, 2005 at 08:41
Ha Ha Ha Ha,
How funny is that good one? Great one Wolfie!!!
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Follow Up By: Nudenut - Friday, May 06, 2005 at 11:19

Friday, May 06, 2005 at 11:19
matt, you ought to check his rig pics to see why he cant use his thing...
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Follow Up By: Matt (W.A.) - Friday, May 06, 2005 at 18:59

Friday, May 06, 2005 at 18:59
I guess the Spikes may get in the Way!
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Reply By: V8Diesel - Friday, May 06, 2005 at 10:01

Friday, May 06, 2005 at 10:01
The cop in NSW who nailed me for using my mobile phone had one in his top pocket.
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Reply By: gottabjoaken - Friday, May 06, 2005 at 10:28

Friday, May 06, 2005 at 10:28
Police are exempt from the laws about using mobile phones.

Now they have stopped using radios, but use mobile phones instead, can we expect that the exclusion of use of a radio when driving will be removed from the laws???

There was a case recently in the UK where a woman driver was stopped because the police officer observing thought she was using a mobile phone. In fact it she was holding an apple in one hand. She was successfully prosecuted for not being in proper control of her car on the grounds that she was driving one handed round a bend. They even coincidentally had a helicopter filming the junction and used the film as evidence, even though it showed that she successfully completed the manoeuvre without a problem or risk to anyone.

http://news.bbc.co.uk/1/hi/england/tyne/4203375.stm

Where now from here...

Ken
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Follow Up By: Truckster (Vic) - Friday, May 06, 2005 at 13:06

Friday, May 06, 2005 at 13:06
You should have just said:

'Police are exempt from the laws'
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Reply By: Member - Alan- Friday, May 06, 2005 at 11:33

Friday, May 06, 2005 at 11:33
Are those who wish to be seen using a phone/dictaphone so damn important they can't wait until they're at home/office/out of the car before using the things?

What sort of big noter has to advertise his stupidity on the forum by posting this rubbish?

When driving your vehicle you should be wholley concentrating on just that, not gobbing off to your mates or "dictating" or whatever.
Dog save us from these idiots!
Alan.
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Follow Up By: Wombat - Friday, May 06, 2005 at 11:50

Friday, May 06, 2005 at 11:50
Yep you're right Alan - Dog save us!
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Follow Up By: Member - Jeff M (WA) - Friday, May 06, 2005 at 12:30

Friday, May 06, 2005 at 12:30
I love comments like this. Alan you must be the best driver in the world. You always concentrate on just that. Driving. You never have a conversation with anyone else in the car, pick your nose or scratch your balls while driving. You never think about your family, friends or any work issues while driving because you are 100% concentrating on the road.

Good on you mate. Just imagine how much slower everyone would drive if they were like that too, cos driving slow is the other solve to road deaths. (well that's what the govenment says while setting up money grabbing speed cameras so it must be true!).

I spend a good majaority of my days on the road for work and I can tell you right now, the person with both hands on the wheel and chin haning over the steering wheel concentraing 100% is the driver I stay clear of, not the experienced bloke driving with one hand on the wheel while sipping his can of coke and listening to talk back radio. Of course this is ALL IMHO. :-)
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Follow Up By: Member - Alan- Friday, May 06, 2005 at 12:46

Friday, May 06, 2005 at 12:46
I certainly drive with both hands on the wheel yes, but not so close that the chins hanging over!
You may well spend all day at the wheel and so did I for a long time without accident or causing any.
I used to think that the longer you spent driving the better more skilled you became but it just doesn't work like that, especially in WA.
They just become more arrogant "get out of my way" type of drivers and we've all seen them, so self important they can't leave the phone off, they just have to make those oh so important calls!

Inattention and stupidity kill far more than speed ever did and gobbing off on the phone is not paying attention to what you should be doing.

Of course Jeff you may well be far superior to all others, it's obvious you think so, and so does the idiot who first started the string!
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Follow Up By: Member - Jeff M (WA) - Friday, May 06, 2005 at 13:00

Friday, May 06, 2005 at 13:00
I don't belive I mentioned my driving at all in my reply nor did I infer that I was superior to anyone, Alan. Perhaps you need to go over it again. I mearly explained MHO of which driver out of two I belived I would feel more comfertable driving next to on the road.

Your personal attacks on myself and the origional poster are an obvious sign that someone has some serious issues.

Have a nice day.

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Follow Up By: Member - Alan- Friday, May 06, 2005 at 13:23

Friday, May 06, 2005 at 13:23
Jeff, why drive next to them? Why not overtake and return to the left hand side of the road?
My "attacks" as you call them were against those who for some reason believe they are so important they need to make phone calls or use other office machines whilst driving!
This type of driver has caused many deaths/accidents around the world by not paying attention, which is why it's been made illegal in many places.
I must admit to having an issue with the sheer ignorance of many drivers who must for some reason (their own sense of self importance?) that they have to disobey a simple rules of the road.
I suspect when training to drive many drivers never learnt that the best way to control a vehicle, especially in an emergency, is to have both hands on the wheel.
It's not a sign of nervousness or incompetence and it's better than steering with a wrist hanging over the wheel, laying against the door, or gobbing off on the phone.
And good day to you to.
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Follow Up By: Member - Jeff M (WA) - Friday, May 06, 2005 at 13:31

Friday, May 06, 2005 at 13:31
"My "attacks" as you call them were against those who for some reason believe they are so important they need to make phone calls or use other office machines whilst driving!"

Did I ever say I use a phone while driving or any other office equipment?

"I must admit to having an issue with the sheer ignorance of many drivers who must for some reason (their own sense of self importance?) that they have to disobey a simple rules of the road. "

I belive that this post was asking the legality of the issue, I would asume that perhaps his "own sense of self importance" made him decide to find out what other informed members of the forum thought about it and IF in fact it was against the law BEFORE doing it.

" suspect when training to drive many drivers never learnt that the best way to control a vehicle, especially in an emergency, is to have both hands on the wheel. "

Alan I don't think this was ever under any debate, of course you have more control of a vehicle in an emergancy situation if you have two hands on the wheel. Do you always have two hands on the wheel? ALWAYS? Yeah right.... Hey maybe we should ban manual transmissions, I have to take my hand of the wheel to change gears, it may cause a fatal accident.
Get real.

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Follow Up By: Member - Alan- Friday, May 06, 2005 at 13:40

Friday, May 06, 2005 at 13:40
You're losing it Jeff. You're reading into my responses things which don't exist.
Good bye.

PS. If you need to check the legality of something wouldn't it be best to ask the upholders of the law?
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Follow Up By: Member - Jeff M (WA) - Friday, May 06, 2005 at 13:48

Friday, May 06, 2005 at 13:48
Alan, I was quoting you.......

There are plenty of questions asked on this forum about legalities. If you are not interested in helping the people posting the question, why comment?

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Follow Up By: Member - Alan- Friday, May 06, 2005 at 16:25

Friday, May 06, 2005 at 16:25
Keep a look out for me Jeff and we'll have a quiet sit down and discuss this further.
I'll be the bloke with a white bowling hat, crouched over the wheel of my Morris Minor and wearing ear muffs.
Alan.
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Follow Up By: Member - Jeff M (WA) - Friday, May 06, 2005 at 17:39

Friday, May 06, 2005 at 17:39
ROTFALMAO!
What a vision you've put in my head!!

I'll have to borrow my mates moke for the meeting! License plates: "Mokeitup".

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Follow Up By: Mad Dog (Australia) - Friday, May 06, 2005 at 19:43

Friday, May 06, 2005 at 19:43
>PS. If you need to check the legality of something wouldn't it be best to ask the upholders of the law

If you ask the authorities on matters that aren't clear you only get their interpretation of the law. Only the courts can give the definitive answer. Sometimes its best not to ask and just do it using common sense.
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Follow Up By: Member - Jimbo (VIC) - Saturday, May 07, 2005 at 23:17

Saturday, May 07, 2005 at 23:17
Alan,

Have you ever heard of the word SANCTIMONIOUS.

There may be well a picture of you beside it in the dictionary to describe it.
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Reply By: Wombat - Friday, May 06, 2005 at 11:52

Friday, May 06, 2005 at 11:52
Why not just get a hands free microphone to use the recorder then you don't have to worry about the legalities?
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Reply By: guy (sydney) - Saturday, May 07, 2005 at 10:20

Saturday, May 07, 2005 at 10:20
Was told by my driving tester (RTA) that its illegal to not have 2 hands on the steering wheel (drinking eating giving the bird and of course mobile phones) i asked then how do i change gears she said its the only examption and your hand should be returned to the wheel straight away. My P test was only done (wow i was going to say 3 or 4 years ago but after counting) it was done 9 years ago i wouldnt think that things would of changed scince then.
Guy
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Reply By: Member - Ray C (QLD) - Saturday, May 07, 2005 at 21:35

Saturday, May 07, 2005 at 21:35
Ehh, As someone who is admittedley naive and ignorant in these matters can someone plese tell me what the difference is between talking into a dictaphone and talking into a CB while driving?
Aplogies if I have missed something.

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Reply By: Member - JohnR (Vic) - Saturday, May 07, 2005 at 22:14

Saturday, May 07, 2005 at 22:14
WDR there are a number of points listed above where there seem to be inconsistencies with the laws across Australia, just read with the site below it is not illegal to use a CB radio, though in Victoria there is ban on "transmitting" with a phone or radio. http://www.officeofroadsafety.wa.gov.au/Facts/mbl_leg.html Lots of comment on the net is the distraction of other people in the car. I know when I have given considered answers to questioners I have found just as much distraction as any phone call I have had.

I was following one woman on the South-western side of Geelong today on Highway 1 where she seemed to have something to do on the floor of the car so I overtook on the wrong side and she was left nearly 150 metres behind at the next traffic lights. You don't need to have a phone obviously to cause problems to other travellers.

there are a number of things that are distracting.
- kids playing up ot just beeing attended to while driving, see it all the time, even in the back seat
- people lighting up while driving or getting out their smoke, let alone a narcotic type
- adjusting the stereo, station changing, CD changing
- reading papers or street directories while driving, yes I have seen it
- talking on a camera phone even with the hands free - camera/screen on top of the steering wheel so the blonde in the BMW could see it and be seen. West Gate Freeway last year !
- and of course eating, possibly dropping the sauce or lettuce down you

WDR it doesn't seem to be illegal using your dictaphone until you find an officer who thinks it's a phone and will threaten you anyway. It may be just as distractiong as any above, as you try to compose your message. I must say when the pressure is off in super-regulated Victoria, at 100 kph, a phone makes some use of the extended time driving with an ear piece of course.
Cheers,
Who?
John

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AnswerID: 110237

Follow Up By: Mad Dog (Australia) - Saturday, May 07, 2005 at 22:43

Saturday, May 07, 2005 at 22:43
What's this ban in Vic you speak of John. The Australian Road rules which Vic is party to forbids the use of mobile phones and the same clause exempts two way type radios from this ban. Is there some some over riding legislation we should know about ?
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Follow Up By: Member - JohnR (Vic) - Saturday, May 07, 2005 at 23:21

Saturday, May 07, 2005 at 23:21
I have not been able to find overarching rules Ray but I have seen the particular dates that states applied the regulations on use of mobiles to apply. Queensland in 1999 and from what I have seen Western Australia being the most recent one.

In regard to use of radios, it is the interpretaion of what particular police have said in regard to transmission though I have difficulty finding references on the net. The Monash site below highlights a lot of the areas that I have mentioned above as distractions. I think the people who police the movements on the roads apply their own interpretation at times though mate, and that is potentially dangerous and confusing. http://www.monash.edu.au/muarc/reports/muarc206.html

In short I am not aware of the particular legislation or what of the "Australian Road Rules" you talk of apply and or when. I do see the different applying dates from each state though.
Cheers,
Who?
John

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Follow Up By: Mad Dog (Australia) - Sunday, May 08, 2005 at 00:40

Sunday, May 08, 2005 at 00:40
The majorityof the states declared the Australian Road Rules at the same time Dec 99 I think it was, one or two lagged behind

Vic rds has the document on site. The phone/radio law, rule 300 banning phones and exempting cb or any other two-way radio from this law is here.
http://www.vicroads.vic.gov.au/vrpdf/randl/part_18.pdf

I read all 400 odd pages sometime ago as light bedtime reading and didn't find any other reference to radios.

As far as I can see the use of a radio while driving is perfectly legal in Vic. It's bloody amazing as they usually like to spoil all our fun don't they.
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Follow Up By: Member - JohnR (Vic) - Sunday, May 08, 2005 at 08:49

Sunday, May 08, 2005 at 08:49
Ray, Jimbo mentioned the word SANCTIMONIOUS in his post, not a word I could possibly use in talking about treatment by patrolling folks. I have seen police persons use the term transmit in a TV interview in regard to using radio while driving. Just as well that radio and television broadcasts don't form part of our law as court precedents do, especially when we see the junk that comes out of them. I guess even then, we would like to think of exceptions to that situation though.
Cheers,
Who?
John

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Follow Up By: Mad Dog (Australia) - Sunday, May 08, 2005 at 09:23

Sunday, May 08, 2005 at 09:23
Yep I agree with you on that John. Only the courts can decide on matters that aren't clear but unfortunately it can cost a pretty penny for that definitive answer. In the case of radios it seems clear to me. Anyone who gets on tele and says otherwise just doesn't have a grip on the situation or is just taking us for fools. While being prefectly legal I still use it discreetly around town. I don't need any hassle from some smart alec who doesn't know the law trying to push his weight around. Hope you have a beaut morning like we have here...just wonderful the cool early morn, think I'll take the kids to the park.
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